redundancy fallout

chadlebowski

I work for a small charity, and have done for the last 3.5 years. Over the last six-months, 7 out of 10 of my colleagues have left of their own volition. The charity's Founder, acting without Trustee approval, and told everyone to 'find new jobs', and that the Foundation was insolvent. (Incidentally this is not the first time he's completely cleared the office of staff).
My role was initially up for redundancy, but then taken off the redundancy option, as I indicated a willingness to stay in post, and a slight adjustment to my job requirements. The line from Trustees now is that the Foundation will be 'winding up' operations at the end of 2019, focussing now on income generation and elimination of liability.
Subsequently, I am a total loss as to how to operate - at the last meeting with the Trustees I was asked to 'wait and see' what happens. I relayed that my workload was almost entirely dependent on my now-absent colleagues. I also indicated that the work environment has become totally miserable (I am regularly in the office on my own, juggling numerous responsibilities). Again, I was asked to just 'see what happens' and that essentially it was 'business as usual'. I told them that 'business as usual' was a ludicrous idea, to which there was a sympathetic nod, but no actual practicable response.
I am now being hassled by Trustees about my working hours, yet have been given no clear indication of exactly what my role requires. I now report to a stand-in director, who I rarely see (who is working pro-bono, as he already has full-time employment). At my last meeting with him, I relayed, again, that I do not know what I am supposed to be doing - at which point he just squirmed a little, and moved the topic of conversation on.
What should I do? I am struggling to fill 40hr/week, whereas previously the working day was often too short. I have had no direction as to how to proceed. I feel as if I am required to sit alone, in an office, and keep myself busy. Is this normal?

Comms69

chadlebowski wrote: »

I work for a small charity, and have done for the last 3.5 years. Over the last six-months, 7 out of 10 of my colleagues have left of their own volition. The charity's Founder, acting without Trustee approval, and told everyone to 'find new jobs', and that the Foundation was insolvent. (Incidentally this is not the first time he's completely cleared the office of staff).
My role was initially up for redundancy, but then taken off the redundancy option, as I indicated a willingness to stay in post, and a slight adjustment to my job requirements. The line from Trustees now is that the Foundation will be 'winding up' operations at the end of 2019, focussing now on income generation and elimination of liability.
Subsequently, I am a total loss as to how to operate - at the last meeting with the Trustees I was asked to 'wait and see' what happens. I relayed that my workload was almost entirely dependent on my now-absent colleagues. I also indicated that the work environment has become totally miserable (I am regularly in the office on my own, juggling numerous responsibilities). Again, I was asked to just 'see what happens' and that essentially it was 'business as usual'. I told them that 'business as usual' was a ludicrous idea, to which there was a sympathetic nod, but no actual practicable response.
I am now being hassled by Trustees about my working hours, yet have been given no clear indication of exactly what my role requires. I now report to a stand-in director, who I rarely see (who is working pro-bono, as he already has full-time employment). At my last meeting with him, I relayed, again, that I do not know what I am supposed to be doing - at which point he just squirmed a little, and moved the topic of conversation on.
What should I do? I am struggling to fill 40hr/week, whereas previously the working day was often too short. I have had no direction as to how to proceed. I feel as if I am required to sit alone, in an office, and keep myself busy. Is this normal?

Sit on your phone. At the end of the day you've asked for work.

agrinnall

If your time was fully occupied previously, why can't you just carry on what you were doing then if you're short of things to do now?



Or spend the time that you're alone in the office updating your CV and looking for another job.

sangie595

But it sounds like the Founder was right?!

Get the hell out. As soon as possible. That focus on "eliminating liability " worries me. It sounds like they may be heading for insolvency, in which case they should have notified the Charity Commission....

chadlebowski

Thanks all.

To be honest, it's a total mess. The full story is even more ridiculous! We had collectively looked at pursuing constructive dismissal at a tribunal, but the majority of now ex-staff seem happy to be out of here, without looking back. It was also an option to go to the press (who confirmed the story is newsworthy) but again it seems that staff had no fight left in them, and just wanted to draw a line under the whole situation. I do not know if the charities commission are informed, and do know that the previous executive director has been barred from speaking to anyone about the nature of her dismissal, or the Foundation's situation.

agrinnall wrote: »

why can't you just carry on what you were doing then if you're short of things to do now?

I worked closely with two other members of staff, supporting various projects, and without their replacement, I cannot continue with the work I was doing before.

It seems to be the case that the Trustees were essentially asleep at the wheel, and did not realise that they are all personally liable. They now seem more concerned with preserving their reputations, reducing their financial obligations, and making sure the staff are in the office, without much concern for what the staff roles actually are.

sangie595

Then phone the Charity Commission / funders and blow the whistle yourself?

Ames

Actually this sounds like it could be good management, albeit done a little cack handedly.

Did he use the word insolvent or did he say that it's no longer a going concern?

Are you absolutely sure that he's acting without the trustees' knowledge? A lot of charities (most?) don't have a close relationship between trustees and staff.

If statutory funding is coming to an end and funders won't be renewing contracts then he has no choice but to give redundancy warning. Official redundancy notices have to be issued early enough that people leave before funding runs out.

Of course he has to reduce liabilities - the charity reserves will have to pay out rent and any other commitments, including redundancy payments. Continuing to employ people when the contracts for their work have come to an end would be irresponsible.

Oh, and trustees aren't financially liable for a charity unless in exceptional circumstances - deliberate fraud etc.

(I don't know if it being a 'foundation' makes a difference, this is based on 'normal' incorporated charities).

chadlebowski

UPDATE:
I have now been asked by Trustees if I would consider any reduction in my hours. I have time to consider it, and I have confirmed that I would consider it.

I asked if it would be a pro-rata reduction in salary, and that, as the reduction in workload is not my asking, if I could ask for a relative increase in wage, i.e. work 3 days, get paid for 4.

The other option is to ask for redundancy, with the payout, and then be re-hired in a new role, on a part-time basis.

And I would like to ask for a ex gratia payment, as I know that my role is valuable. And that I can turn down their request, and that my terms would still be my current salary and 40hrs/week.

Has anyone any experience with a similar situation? Any advice? I do have confirmation now too that insolvency is still technically applicable and that as soon as liabilities have been cleared, the Foundation will cease to operate.

gettingtheresometime

If someone came to me with your proposals then I'd be looking to wind up the charity as soon as I could.


I'm not even sure you could be made redundant from your f/t role, receive a payment & then be rehired doing exactly the same role p/t.


I would spend my time looking for another role

Genuineguy03

The duties simply pass to the new position. Its the position (job) that's made redundant not the person, or the duties under the redundant position. So yes they can make the position redundant and remploy the person in the new position with same or similar duties.

They can also dismiss someone from there position and give it to someone who's position was made redundant. This is called bumping redundancy, and the person dismissed in cases of bumping is still consider dismissed by reason of redundancy - yeah harsh that, but lawful - though obviously bumping redundancy doesn't doesn't apply to OPs case. I just thought I'd mention it for informational purposes.

Money_saving_maniac

chadlebowski wrote: »

UPDATE:
I have now been asked by Trustees if I would consider any reduction in my hours. I have time to consider it, and I have confirmed that I would consider it.

I asked if it would be a pro-rata reduction in salary, and that, as the reduction in workload is not my asking, if I could ask for a relative increase in wage, i.e. work 3 days, get paid for 4.

The other option is to ask for redundancy, with the payout, and then be re-hired in a new role, on a part-time basis.

And I would like to ask for a ex gratia payment, as I know that my role is valuable. And that I can turn down their request, and that my terms would still be my current salary and 40hrs/week.

Has anyone any experience with a similar situation? Any advice? I do have confirmation now too that insolvency is still technically applicable and that as soon as liabilities have been cleared, the Foundation will cease to operate.

My advice is you look for another job ASAP as this one has no longevity in any circumstances you can reasonably foresee. Or sit tight get statutory redundancy and then the new job.